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Amendments to Trademark Laws

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Sep 02, 2012 (Newsletter Issue 13/12)
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Amendments to Trademark Law

The Law on amendments of the Trademark Law in Montenegro entered into force on August 17, 2012. Namely, the referenced Law on amendments of the Trademark Law in Montenegro was published in the Official Gazette of Montenegro No. 44/12 on August 9, 2012.

The Law on amendments clarifies the procedure for filing national and international trademark applications. Namely, after filing new trademark application, the IPO of Montenegro examines the formal requirements of the same. If the formal requirements are not fulfilled, the IPO of Montenegro invites the applicant to submit the missing documents. The deadline for submission of the necessary documents is 30 days as from the receipt of the invitation (this term is not extendable). In case the Applicant meets the deadline of 30 days and the missing documents are submitted, the filing date of the trademark application will be the date of fulfilling the formal requirements. In case the applicant does not fulfill requirements within the deadline of 30 days, the application will be rejected.

According to the provisions of the Trademark Law, the renewal fees paid in a grace period (six months after the renewal due date) had to be paid with fine 100%. However, according to the amendments of the Trademark Law, the renewal fees paid in the grace period have to be paid with fine of 50%.

The Trademark Law is amended with the provisions regulating the opposition against International Registrations. The deadline for filing the opposition (90 days) is to be counted as from the first day of the month following the month of publication of the WIPO Official Gazette in which the International Registration is published. In case the International Registration is preliminary refused based on filed opposition, the IPO of Montenegro will invite the applicant to name the representative. The deadline to name the representative is 4 months as from the receipt of the referenced official invitation. The deadline to respond to an opposition is 60 days as from the receipt of the opposition by the named representative.

Source: Zivko Mijatovic & Partners, Montenegro